activists say they feel some momentum from the november elections. >> three states legalized same sex marriage just a month ago. the tide is shifting. >> i want it to be tackled. i want to get married and i want to be married in any state. >> many people say they are happy the court will address the issue but they say they understand that the possibility the ruling may go against the very thing they are fighting for. >> opponents of same sex marriage believe the justices will see things there way. >> we are confident that the court is going to up hold the right of the people to amend their own constitution. >> the man who wrote proposition eight said the court shouldn't go against the measure that 7 million california voters approved. >>> we have much more on the court case coming up at 7:30. how the decision on same sex marriage ban could come down to one vote and the division among states on this issue and you will always find more informationon our website. >> in concord a state boarder has died after being hit by a vehicle. it happened yesterday afternoon around 4:30 p.m. on monum